Comments on: Two New Fair Use Cases http://madisonian.net/2006/05/25/two-new-fair-use-cases/ a blog about law, tech, culture, and related things Sat, 11 Feb 2012 02:59:42 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Fair Use News » Blog Archive » I Sued The Sheriff (to strictly enforce the terms of my software license) http://madisonian.net/2006/05/25/two-new-fair-use-cases/comment-page-1/#comment-64196 Fair Use News » Blog Archive » I Sued The Sheriff (to strictly enforce the terms of my software license) Tue, 01 Aug 2006 19:31:30 +0000 http://madisonian.net/?p=669#comment-64196 [...] To complement its broad view of market harm, the court also offered a confusingly narrow vision of fair use: “[it] is appropriate where a “reasonable copyright owner” would have consented to the use, i.e. where the “custom or public policy” at the time would have defined the use as reasonable.” As Michael Madison has noted, the legacy of this case in the Ninth Circuit may be this restrictive view of the fair use doctrine. That would be unfortunate, because it is squarely at odds with a core principle underlying fair use: that certain uses, unauthorized by the copyright owner, are protected regardless of the lack or even likelihood of permission. [...] [...] To complement its broad view of market harm, the court also offered a confusingly narrow vision of fair use: “[it] is appropriate where a “reasonable copyright owner” would have consented to the use, i.e. where the “custom or public policy” at the time would have defined the use as reasonable.” As Michael Madison has noted, the legacy of this case in the Ninth Circuit may be this restrictive view of the fair use doctrine. That would be unfortunate, because it is squarely at odds with a core principle underlying fair use: that certain uses, unauthorized by the copyright owner, are protected regardless of the lack or even likelihood of permission. [...]

]]> By: Mike Madison http://madisonian.net/2006/05/25/two-new-fair-use-cases/comment-page-1/#comment-26212 Mike Madison Sun, 28 May 2006 18:58:06 +0000 http://madisonian.net/?p=669#comment-26212 Richard, I corrected the error. My apologies to all affected. Mike Madison Richard,
I corrected the error. My apologies to all affected.
Mike Madison

]]> By: Richard Dannay http://madisonian.net/2006/05/25/two-new-fair-use-cases/comment-page-1/#comment-26149 Richard Dannay Sun, 28 May 2006 14:27:34 +0000 http://madisonian.net/?p=669#comment-26149 You're wrong on one point. Cowan, Liebowitz & Latman, the late Alan Latman's law firm, was on the winning side in the 2d Circuit fair use case, Bill Graham Archives v. Dorling Kindersley. We represented the publisher DK, and the court affirmed the judgment dismissing the complaint on fair use grounds. -- Richard Dannay You’re wrong on one point. Cowan, Liebowitz & Latman, the late Alan Latman’s law firm, was on the winning side in the 2d Circuit fair use case, Bill Graham Archives v. Dorling Kindersley. We represented the publisher DK, and the court affirmed the judgment dismissing the complaint on fair use grounds. — Richard Dannay

]]> By: Kevin Heller http://madisonian.net/2006/05/25/two-new-fair-use-cases/comment-page-1/#comment-25804 Kevin Heller Fri, 26 May 2006 23:54:14 +0000 http://madisonian.net/?p=669#comment-25804 Graham: http://caselaw.lp.findlaw.com/data2/circs/2nd/052514p.pdf Wall: http://caselaw.lp.findlaw.com/data2/circs/9th/0356559p.pdf Graham: http://caselaw.lp.findlaw.com/data2/circs/2nd/052514p.pdf

Wall: http://caselaw.lp.findlaw.com/data2/circs/9th/0356559p.pdf

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